Professor Erica J. Suter published the opinion piece (with Marguerite Lanaux) "Baltimore needs more than a ‘Do Not Call’ list" in the Baltimore Sun on July 6, 2026.
Erica J. Suter is director of the Maryland Office of the Public Defender Innocence Project Clinic at Maryland Carey Law, professor of the practice and an assistant public defender. Marguerite Lanaux is the district public defender for Baltimore City in the Maryland Office of the Public Defender.
Last month, Baltimore City State’s Attorney Ivan Bates announced plans to expand the "Do Not Call" list, the roster of officers his prosecutors will not put on the witness stand, to other city law enforcement agencies. Here is why the list exists. Under Brady v. Maryland and Giglio v. United States, prosecutors must turn over evidence favorable to the defense, including evidence that a witness, such as a police officer, cannot be trusted. Maryland Rule 4-263, which applies in circuit court, goes further. It requires disclosure of prior conduct bearing on truthfulness, pending criminal charges and inconsistent statements, not just sustained findings of misconduct. That duty holds even if the officer is unlisted or the evidence is inadmissible. Prosecutors must turn this material over within 30 days of the defendant’s first court appearance or counsel’s appearance, whichever happens first, and the duty continues throughout trial if new information comes to light...